print | close The Constitution of Prince Shôtoku

To the Teacher: The reading What Did Confucius Say?, which appears in the Philosophy and Religion section, is recommended as background to this reading. Students can then seek to identify the influence of the Confucian tradition in the constitution written by Prince Shôtoku, which appears below as a primary source reading in this exercise.

Introduction

In the late sixth century Prince Shôtoku, a member of the ruling family of Yamato, rose to prominence in the kingdom. A man of unusual vision and ambition, he was eager to win political leadership over the many tribal communities in the archipelago for his own state. To attain his goal he turned to the mighty Chinese empire for inspiration and example.

Previous influences from China had come by way of Korea, brought from the peninsula by immigrants or by returning members of Japanese military expeditions against the Korean kingdoms. Rather than seek such second-hand knowledge of Chinese civilization, Prince Shôtoku determined to go directly to the source. Able young men were therefore sent to the mainland on missions of study that sometimes lasted for years.

The Prince himself set an example for his fellow aristocrats at the court of Yamato. He became an enthusiastic student of things Chinese. He learned to read and write the Chinese language and pored over the great Chinese works of philosophy, history, and literature. In time he became well versed in Buddhist thought and the teachings of Confucius. This learning he used as the basis for a philosophy of statecraft and society.

One of Prince Shôtoku's most notable pieces of work was the Seventeen-Article Constitution which he completed in 604. (Although called a constitution, it should actually be regarded as a series of precepts of social behavior which he hoped his countrymen would follow. They are strongly influenced by Confucian ideals of society.)* The text of this document is presented below.

*Acknowledgment: From Japan: Selected Readings by Hyman Kublin, pp. 30-31. Copyright © 1968 Houghton Mifflin Company. Reprinted by permission of the publisher.

Prince Shôtoku's Seventeen-Article Constitution

C.E. 604, Summer, 4th Month, 3rd day. The Prince Imperial Shôtoku in person prepared laws for the first time. There were seventeen clauses, as follows:

1. Harmony should be valued and quarrels should be avoided. Everyone has his biases, and few men are far-sighted. Therefore some disobey their lords and fathers and keep up feuds with their neighbors. But when the superiors are in harmony with each other and the inferiors are friendly, then affairs are discussed quietly and the right view of matters prevails.
2. The three treasures, which are Buddha, the (Buddhist) Law and the (Buddhist) Priesthood; should be given sincere reverence, for they are the final refuge of all living things. Few men are so bad that they cannot be taught their truth.
3. Do not fail to obey the commands of your Sovereign. He is like Heaven, which is above the Earth, and the vassal is like the Earth, which bears up Heaven. When Heaven and Earth are properly in place, the four seasons follow their course and all is well in Nature. But if the Earth attempts to take the place of Heaven, Heaven would simply fall in ruin. That is why the vassal listens when the lord speaks, and the inferior obeys when the superior acts. Consequently when you receive the commands of your Sovereign, do not fail to carry them out or ruin will be the natural result.
4. The Ministers and officials of the state should make proper behavior their first principle, for if the superiors do not behave properly, the inferiors are disorderly; if inferiors behave improperly, offenses will naturally result. Therefore when lord and vassal behave with propriety, the distinctions of rank are not confused: when the people behave properly the Government will be in good order.
5. Deal impartially with the legal complaints which are submitted to you. If the man who is to decide suits at law makes gain his motive, and hears cases with a view to receiving bribes, then the suits of the rich man will be like a stone flung into water, meeting no resistance, while the complaints of the poor will be like water thrown upon a stone. In these circumstances the poor man will not know where to go, nor will he behave as he should.
6. Punish the evil and reward the good. This was the excellent rule of antiquity. Therefore do not hide the good qualities of others or fail to correct what is wrong when you see it. Flatterers and deceivers are a sharp weapon for the overthrow of the state, and a sharp sword for the destruction of the people. Men of this kind are never loyal to their lord, or to the people. All this is a source of serious civil disturbances.
7. Every man has his own work. Do not let the spheres of duty be confused. When wise men are entrusted with office, the sound of praise arises. If corrupt men hold office, disasters and tumult multiply. In all things, whether great or small, find the right man and they will be well managed. Therefore the wise sovereigns of antiquity sought the man to fill the office, and not the office to suit the man. If this is done the state will be lasting and the realm will be free from danger.
8. Ministers and officials should attend the Court early in the morning and retire late, for the whole day is hardly enough for the accomplishment of state business. If one is late in attending Court, emergencies cannot be met; if officials retire early, the work cannot be completed.
9. Good faith is the foundation of right. In everything let there be good faith, for if the lord and the vassal keep faith with one another, what cannot be accomplished? If the lord and the vassal do not keep faith with each other, everything will end in failure.
10. Let us control ourselves and not be resentful when others disagree with us, for all men have hearts and each heart has its own leanings. The right of others is our wrong, and our right is their wrong. We are not unquestionably sages, nor are they unquestionably fools. Both of us are simply ordinary men. How can anyone lay down a rule by which to distinguish right from wrong? For we are all wise sometimes and foolish at others. Therefore, though others give way to anger, let us on the contrary dread our own faults, and though we may think we alone are in the right, let us follow the majority and act like them.
11. Know the difference between merit and demerit, and deal out to each its reward and punishment. In these days, reward does not always follow merit, or punishment follow crime. You high officials who have charge of public affairs, make it your business to give clear rewards and punishments.
12. Do not let the local nobility levy taxes on the people. There cannot be two lords in a country; the people cannot have two masters. The sovereign is the sole master of the people of the whole realm, and the officials that he appoints are all his subjects. How can they presume to levy taxes on the people?
13. All people entrusted with office should attend equally to their duties. Their work may sometimes be interrupted due to illness or their being sent on missions. But whenever they are able to attend to business they should do so as if they knew what it was about and not obstruct public affairs on the grounds they are not personally familiar with them.
14. Do not be envious! For if we envy others, then they in turn will envy us. The evils of envy know no limit. If others surpass us in intelligence, we are not pleased; if they are more able, we are envious. But if we do not find wise men and sages, how shall the realm be governed?
15. To subordinate private interests to the public good--that is the path of a vassal. Now if a man is influenced by private motives, he will be resentful, and if he is influenced by resentment he will fail to act harmoniously with others. If he fails to act harmoniously with others, the public interest will suffer. Resentment interferes with order and is subversive of law.
16. Employ the people in forced labor at seasonable times. This is an ancient and excellent rule. Employ them in the winter months when they are at leisure, but not from Spring to Autumn, when they are busy with agriculture or with the mulberry trees (the leaves of which are fed to silkworms). For if they do not attend to agriculture, what will there be to eat? If they do not attend to the mulberry trees, what will there be for clothing?
17. Decisions on important matters should not be made by one person alone. They should be discussed with many people. Small matters are of less consequence and it is unnecessary to consult a number of people. It is only in the case of important affairs, when there is a suspicion that they may miscarry, that one should consult with others, so as to arrive at the right conclusion.

Acknowledgment: Freely adapted for modern readers from W. G. Aston, "Nihongi: Chronicles of Japan from the Earliest Times to A.D. 697," (2 vols.), in The Transactions and Proceedings of the Japan Society of London, Supplement 1 (London: Kegan Paul, Trench, Trubner and Co., Ltd., 1896) vol. 2, pp. 128-33 The text is copied as it appears in Japan: Selected Readings by Hyman Kublin, pp. 31-34. Copyright (c) 1968 by Houghton Mifflin Company.

Small Group Activity

With one or two other students, read Shôtoku's articles carefully and try to make a short heading for each of them For example, article one might be titled "harmony," or "harmony is above individual interests." Article four could be titled "proper behavior for ministers."

Article 1 __________________________________________

Article 2 __________________________________________

Article 3 __________________________________________

Article 4 __________________________________________

Article 5 __________________________________________

Article 6 __________________________________________

Article 7 __________________________________________

Article 8 __________________________________________

Article 9 __________________________________________

Article 10 __________________________________________

Article 11 __________________________________________

Article 12 __________________________________________

Article 13 __________________________________________

Article 14 __________________________________________

Article 15 __________________________________________

Article 16 __________________________________________

Article 17 __________________________________________

Discussion Questions

1. How is Heaven portrayed in these articles? How does Prince Shôtoku relate Heaven to natural events? To human events?

2. What does article ten say about the idea of an absolute right and wrong? About following the majority? What is your reaction to these ideas?

3. It is often said that rules are written only when there is a need--when someone is doing the opposite of what is desired. Prince Shôtoku gives laws governing the way ministers and officials should treat "the people." What does this imply about the way the people were actually being treated?

4. Based on these articles, would you describe seventh century Japan as an egalitarian society? Why or why not?

5. While Prince Shôtoku explicitly mentions Buddhism in the second article, many of the articles contain ideas most often associated with Confucianism. If you have read the selections from Confucius' Analects in the section entitled "What Did Confucius Say," try to identify concepts of Nature, Heaven and human relations that are common to both the Analects and Prince Shôtoku's Constitution.